BILL NUMBER: SB 656	CHAPTERED  10/10/99

	CHAPTER   973
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   JUNE 2, 1999
	AMENDED IN SENATE   MAY 28, 1999

INTRODUCED BY   Senator Solis

                        FEBRUARY 24, 1999

   An act to amend Section 2655 of the Unemployment Insurance Code,
relating to unemployment disability, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 656, Solis.  Unemployment disability.
   (1) Existing unemployment compensation disability law generally
requires each worker to pay contributions at specified rates to the
Unemployment Compensation Disability Fund, which is continuously
appropriated for the purpose of providing disability benefits to
workers who are unemployed due to injury or sickness not related to
work.  Existing law provides that an individual shall be deemed to be
disabled on any day that he or she is unable to perform regular or
customary work because of his or her physical or mental condition, as
specified.
   The Moore-Brown-Roberti Family Rights Act, among other things,
makes it an unlawful employment practice for any employer who employs
50 or more persons to refuse to grant a request by any employee who
meets certain requirements to take a total of 12 workweeks in a
12-month period for an unpaid family care and medical leave in
connection with the birth or adoption of, or the serious illness of,
a child of the employee, or to care for a parent or spouse of the
employee or the employee due to a serious health care condition.
   This bill would require the Employment Development Department to
report to the Legislature on or before July 1, 2000, on the fiscal
impact on the Disability Fund of extending unemployment compensation
disability benefits to an individual who is absent from work due to
having been granted a family care and medical leave or who is absent
from work and who would have been eligible for that leave if his or
her employer had not been exempt from the requirement to grant a
leave.
   (2) The existing unemployment compensation disability law provides
a formula for determining benefits available to qualifying disabled
individuals. For an individual who has quarterly base wages of
greater than $1,749.20, the weekly benefit is calculated by
multiplying base wages by 55% and dividing the result by 13.
However, under existing law, the weekly benefit cannot exceed $336.
   This bill would provide that the weekly benefit amount for periods
of disability commencing on or after January 1, 2000, may exceed
this amount but may not exceed the maximum workers' compensation
temporary disability indemnity weekly benefit amount.  Because the
bill would increase the amount payable from the Disability Fund, a
continuously appropriated special fund, the bill would make an
appropriation.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2655 of the Unemployment Insurance Code is
amended to read:
   2655.  (a) Except as provided in subdivisions (b), (c), and (d),
an individual's "weekly benefit amount" shall be the amount appearing
in column B in the table set forth in this subdivision on the line
of which in column A of the table there appears the wage bracket
containing the amount of wages paid to the individual for employment
by employers during the quarter of his or her disability base period
in which wages were the highest.


            A                                        B
   Amount of wages in                          Weekly benefit
     highest quarter                               amount
       $75-1,149.99 .........................       $50
     1,150-1,174.99 .........................        51
     1,175-1,199.99 .........................        52
     1,200-1,224.99 .........................        53
     1,225-1,249.99 .........................        54
     1,250-1,274.99 .........................        55
     1,275-1,299.99 .........................        56
     1,300-1,324.99 .........................        57
     1,325-1,349.99 .........................        58
     1,350-1,374.99 .........................        59
     1,375-1,399.99 .........................        60
     1,400-1,424.99 .........................        61
     1,425-1,449.99 .........................        62
     1,450-1,474.99 .........................        63
     1,475-1,499.99 .........................        64
     1,500-1,524.99 .........................        65
     1,525-1,549.99 .........................        66
     1,550-1,574.99 .........................        67
     1,575-1,599.99 .........................        68
     1,600-1,624.99 .........................        69
     1,625-1,649.99 .........................        70
     1,650-1,674.99 .........................        71
     1,675-1,699.99 .........................        72
     1,700-1,724.99 .........................        73
     1,725-1,749.20 .........................        74

   (b) For periods of disability commencing on or after January 1,
1990, and prior to January 1, 1991, if the amount of wages paid an
individual for employment by employers during the quarter of his or
her disability base period in which these wages were highest exceeds
one thousand seven hundred forty-nine dollars and twenty cents
($1,749.20), the weekly benefit amount shall be 55 percent of these
wages divided by 13, but not exceeding two hundred sixty-six dollars
($266) or the maximum workers' compensation temporary disability
indemnity weekly benefit amount, whichever is less.  If the benefit
payable under this subdivision is not a multiple of one dollar ($1),
it shall be computed to the next higher multiple of one dollar ($1).

   (c) For periods of disability commencing on or after January 1,
1991, but before January 1, 2000, if the amount of wages paid an
individual for employment by employers during the quarter of his or
her disability base period in which these wages were highest exceeds
one thousand seven hundred forty-nine dollars and twenty cents
($1,749.20), the weekly benefit amount shall be 55 percent of these
wages divided by 13, but not exceeding three hundred thirty-six
dollars ($336).  If the benefit payable under this subdivision is not
a multiple of one dollar ($1), it shall be computed to the next
higher multiple of one dollar ($1).
   (d) For periods of disability commencing on or after January 1,
2000, if the amount of wages paid an individual for employment by
employers during the quarter of his or her disability base period in
which these wages were highest exceeds one thousand seven hundred
forty-nine dollars and twenty cents ($1,749.20), the weekly benefit
amount shall be equal to 55 percent of these wages divided by 13, but
not exceeding the maximum workers' compensation temporary disability
indemnity weekly benefit amount.  If the benefit under this
subdivision is not a multiple of one dollar ($1), it shall be
computed to the next higher multiple of one dollar ($1).
  SEC. 2.  The Employment Development Department shall report to the
Legislature on or before July 1, 2000, on the fiscal impact on the
Disability Fund of extending unemployment compensation disability
benefits to an individual who is absent from work due to having been
granted a family care and medical leave pursuant to Section 12945.2
of the Government Code, or who is absent from work and who would
otherwise qualify for a family and medical leave except that his or
her employer is exempt from being required to grant that leave
pursuant to that section.
